A single default will trash you credit rating for years! (up to 6 years after default date). It does not matter how many defaults, so as long there is one! It is highly recommended for anyone who have a single default but the rest of credit file spotless, to get it removed! Even with a default satisfied, it would not improve the credit score...the only way to improve the credit score would to remove the offending default... Extremely unfair i know, but that how the system work.

Hi Prangers. Many congratulations on your success removing the default from Nationwide! I just discovered I have a default on my credit files with them ...the default has been paid in full and satisfied. Defaulted in April 2007 due to bank charges and excessive overdraft charges! I guess I have to get the subject access request letter now and keep at them?

It should be removed automatically after 6 years!! Defaults do not have any basis on law or statute to be on credit file for 6 years - CCJ and Bankruptcies do!

I agree with you here. People are not aware of this it is like a slap in the face when you have been so good in clearing debts and then settling accounts only for the adverse data to remain on file for another 6 years! The only way to get this removed is either write to the lender concerned and get them to remove adverse data after 6 years as a gesture of goodwill particularly if you paid the debt in FULL. If they refuse to agree your request, then complain to ICO. I have read in papers, articles saying information over 6 years old will be removed, but what they are referring to if account is closed or settled or even CCJ, and bankruptcy but not if an account with late payment history possibility of extending adverse data if the late payments or AP have not dropped off. People should be made aware of this, its in their interests to keep account open to elimate late payments before closing as it would mean having a clean credit file in the shortest time possible and not extending it!!! It would be much fairer if any info on credit file that are over 6 years old to be disregarded when accessing credit worthiness. I don't think that is the case at the moment, and i believe the CRA's need to clear up their act and remove any information automatically when the age of data reaches 6 years old.

Hi I have investigated this further and have information that you might be interested. In response to your number 2 question... Late payments, Account stays open - Only the last 6 years of account history is maintained so when late payments become over 6 years old they drop off. Experian keep 3 years of payment history before any late payment drop off (36 months) as long the account is open and active. Equifax keep 4 years payment history (48 months) ONLY Callcredit, the third newest CRA keeps 6 years of payment history! As for question 3, you are correct in saying that it is possible to have adverse info recorded on credit file up to 12 years after account closed (in the case of Callcredit), but you can always request any adverse info that are 6 years old plus to be removed. It is not easy but if you get resistance in getting adverse information removed, complain to ICO.

If there are defective DN's with discrepancies, then surely on those grounds, the adverse data should be removed from credit files as they are invalid? Can you explain to me why the defective DN have no bearing on the default held by CRA's?

Well, Havinastella, i have adverse data recorded on my credit files.. and a default from this flexaccount!! I need to get those removed!

Is there any discrepancies on both DN's? Are they both invalid? Can i, legally, challenge Nationwide to remove adverse data from my credit files due to defective DN's? The debt is paid in FULL. I appreciate any advice. Cheers

This was resolved shortly after i received the April 2006 DN account back in order. But then i had another DN issued in November 2006 (dispute over bank charges) which is very different to the one DN i received April 2006. Here is the second DN issued 28th November 2006. IMPORTANT – YOU SHOULD READ THIS CAREFULLY Default Notice Served under Section 87(1) of the Consumer Credit Act 1974 Date: 28th November 2006 To: Mr Joe P Bloggs From: Nationwide Building Society whose Collections address is Lending Control, Nationwide Building Society, Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below. Type of Agreement: FlexAccount Account Number: 0511/63263290 Provision Breached: the Agreement requires that if an unauthorised overdraft is created, the account must be bought into credit immediately Nature of Breach: Failure to immediately bring back into credit the balance upon the above numbered Flexaccount upon which an unauthorised debit balance has been created. Action required by you: (a) To repay the overdraft in full (b) To return all unused cheques, guarantee card(s) and Flexaccount card(s) still in your procession. If posting, please ensure they are cut in half before sending. Date by which action is required: 12th December 2006 IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. Further Action: We may commence legal proceedings to recover the overdraft in full. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

Hello guys! I am in the middle of a dispute with Nationwide who defaulted my flexaccount, while account was in dispute because of the bank charges back in January 2007. Unfortunately because of the default they placed on my otherwise spotless credit files, i am unable to get a job as an accountant because of this adverse data!! Nationwide have been very unreasonable and will not remove adverse data even though i have paid the debt in full (of which 100% are bank charges) I am looking at whether my default notices they issued relating to my flexaccount are defective - is there any legal avenues to get them to remove adverse data from credit files if it was proved that the paperwork are not in order? (the debt has been paid in full). I have two default notices issued of which both are actually quite different - 18th April 2006 and 28th November 2006. Here it goes: First DN issued April 2006 IMPORTANT – YOU SHOULD READ THIS CAREFULLY Default Notice Served under Section 87(1) of the Consumer Credit Act 1974 Dated 18th April 2006 Re: Mr Joe P Bloggs From Nationwide Building Society whose Flexaccounts Collections Default Management Department is at Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW – TELEPHONE NUMBER 01793 556877 We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below. Agreement: FlexAccount No: 80/ 0511/63263290 Provision breached:- Condition 11 Nature of breach:- Failure upon demand to immediately bring back into credit the balance upon the above numbered Flexaccount upon which an unauthorised debit balance has been created by the account holder by withdrawals or payments. Action required by you to remedy the breach:- (a) To repay the overdraft in full (b) To return all unused cheques, guarantee card(s) and Flexaccount cash card(s) still in your procession. Please ensure they are cut in half before posting them to the above address. Date by which action is required: 12 O’Clock 28th April 2006 IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. (a) Demand immediate payment of the overdrawn sum, currently £100, together with interest (b) Commence Court proceedings in the County Court to recover this sum Payment to be made is amount overdrawn £100. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

IMPORTANT – YOU SHOULD READ THIS CAREFULLY Default Notice Served under Section 87(1) of the Consumer Credit Act 1974 Date: 28th November 2006 To: Mr Joe P Bloggs From: Nationwide Building Society whose Collections address is Lending Control, Nationwide Building Society, Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below. Type of Agreement: FlexAccount Account Number: 0511/63263290 Provision Breached: the Agreement requires that if an unauthorised overdraft is created, the account must be bought into credit immediately Nature of Breach: Failure to immediately bring back into credit the balance upon the above numbered Flexaccount upon which an unauthorised debit balance has been created. Action required by you: (a) To repay the overdraft in full (b) To return all unused cheques, guarantee card(s) and Flexaccount card(s) still in your procession. If posting, please ensure they are cut in half before sending. Date by which action is required: 12th December 2006 IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. Further Action: We may commence legal proceedings to recover the overdraft in full. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

Hi I just corrected the first default notice with the bold and underline as exactly on the paper as for some reason it did not come up when i copied from the mircosoft word. I am now going to paste the 2nd exact default notice issued to me 28th November 2006.

There was a mistake with the flexaccount number after the agreement where they put 80/before my flex account account number I then received another default notice very much the same as Meerkatsmimm's default notice copy on her thread but mine dated 28th November 2006 and date by which action is required 12th Dec 2006. So i do have two different types of default notices....but the one dated 28th November was used to terminate the account in january 2007. Are both considered invalid anyhow?

Here is the first default notice issued to me on 18th April 2006. I had to type it exactly to the layout. This was quickly resolved when i took action and account was in order. IMPORTANT – YOU SHOULD READ THIS CAREFULLY Default Notice Served under Section 87(1) of the Consumer Credit Act 1974 Dated 18th April 2006 Re: Mr Joe P Bloggs From Nationwide Building Society whose Flexaccounts Collections Default Management Department is at Kings Park Road, Moulton Park, NORTHAMPTON NN3 6NW – TELEPHONE NUMBER 01793 556877 We hereby give notice of default in respect of the society’s agreement with you. Details of which are shown below. Agreement: FlexAccount No: 80/ 0511/63263290 Provision breached:- Condition 11 Nature of breach:- Failure upon demand to immediately bring back into credit the balance upon the above numbered Flexaccount upon which an unauthorised debit balance has been created by the account holder by withdrawals or payments. Action required by you to remedy the breach:- (a) To repay the overdraft in full (b) To return all unused cheques, guarantee card(s) and Flexaccount cash card(s) still in your procession. Please ensure they are cut in half before posting them to the above address. Date by which action is required: 12 O’Clock 28th April 2006 IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. (a) Demand immediate payment of the overdrawn sum, currently £100, together with interest (b) Commence Court proceedings in the County Court to recover this sum Payment to be made is amount overdrawn £100. IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWNING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SUERTY MORE TIME IF YOU ARE NOT SO SURE WHAT TO DO, YOU SHOULD ETC ETC ……

You are quite correct Nurse-Elsa that CCA agreements does not cover for bank accounts/overdraft. However, if the default notice prescribed terms are not correct (the format) then there is definitely a case to get adverse data removed because of incorrect paperwork lodged. So can anyone make a comment about the scanned default notice scanned above whether it is considered "valid" or not?

I would advise you to make a formal complaint to Nationwide Member Service. In my experience dealing with the bank charges, it used to be dealt with at the branch but now all decisions will have to be referred to the Member Service. Remember they have computer systems running our accounts, and once the account goes overdrawn, then it automatically add charges. Hope this helps?

Here is the link which have almost the same copy as the letter and default notice, issued November 2006 (as i can't scan my documents). http://www.consumeractiongroup.co.uk/forum/nationwide/194101-meerkatsmimm-nationwide-overdrafts.html Can anyone tell me whether the default notice is invalid?

Sorry but i am having problems copying the scan paste into the message. Could anyone care to help me out? I have selected scan for PDF preview, but i am not sure whether the format is correct to be able post scans on the net. It is the first time ive used the scanner!

Here is the first default notice issued in April 2006.

Hello guys! I am in the middle of a dispute with Nationwide who defaulted my flexaccount, while account was in dispute because of the bank charges back in January 2007. Unfortunately because of the default they placed on my otherwise spotless credit files, i am unable to get a job as an accountant because of this adverse data!! I am looking at whether my default notice format they issued are incorrect - so that i can include my arguments in relation to the Data Protection Act Act 1998 together for my legal proceedings against Nationwide. Is there any legal avenues to get them to remove adverse data if it was proved that the paperwork are not in order? I have two default notices issued (as far i am aware) on this account, which i will post on this thread for anyone to see (minus the details). The first one was issued in April 2006 (i agreed to pay money into the account to put the account back in order) but then I had another one issued November 2006 demanding payment when i requested 'illegal' bank charges to be refunded into the account leading to a stalemate and eventually a default!! I'm sure quite a few of you have been in that position and can relate.

Hi IR2365 I'm sorry to hear you're having problems with the default issued by Abbey. My advice to you is to start writing to Abbey requesting s.10 and s.12 of the Data Protection Act, 1998. £1 fee i believe ALSO request Subject Access Request (S.A.R) in writing as well -£10 fee by postal order or cheque to be sent to you within 40 days by law. Even though the court cases with bank charges are on hold at present, you could start writing letters to Abbey to ask them to remove the default in question from your credit files as disputed accounts CANNOT be defaulted. Abbey obviously thinks they have the power to do what they like, but the fact is when an account is in dispute, a formal default is not allowed under the CCA (Consumer Credit Act). If I were you, I would keep on writing Abbey to get the default removed. If no luck, then the only option is to take them to court. They will give in eventually because quite simply the Judge will see Abbey have not follow the correct procedures for issuing the formal default and therefore are unwarranted (if account is already disputed before default). Please feel free to contact me if you want more details.